Terms of Service

1. Services

We provide AI-powered phone, messaging, automation, customer support, scheduling, call handling, and related software and setup/support services (the “Services”).

The specific Services, pricing, scope, usage limits, support terms, and other business terms may be described in a separate service agreement, order form, statement of work, or written agreement between you and us.

2. Business Clients

Our Services are intended for businesses and organizations. If you use the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

3. End Users

Your customers, callers, leads, patients, clients, or other individuals who interact with the Services are “End Users.”

You are responsible for your relationship with End Users, including any required notices, consents, authorizations, call recording disclosures, AI disclosures, SMS consent, opt-out handling, privacy notices, and compliance obligations.

End Users are not our direct customers unless they separately use our website, platform, or services.

4. Client Responsibilities

You are responsible for:

• Providing accurate business, customer, and service information.
• Reviewing and approving any AI agent scripts, workflows, automations, messages, and settings.
• Ensuring your use of the Services complies with applicable laws, regulations, industry rules, and platform requirements.
• Obtaining all required consents for calls, texts, recordings, automated communications, AI interactions, and data processing.
• Ensuring that your instructions to us are lawful and accurate.
• Monitoring important outputs, call summaries, transcripts, appointments, messages, and customer records.

If the Services include SMS or MMS, Client authorizes us to create, configure, manage, and submit messaging registrations, including A2P 10DLC brand and campaign registrations, on Client's behalf. Client is responsible for providing accurate business information, messaging use cases, sample messages, opt-in methods, Privacy Policy and Terms URLs (if applicable), and consent records. Client is solely responsible for obtaining and maintaining legally sufficient consent from message recipients and honoring opt-out requests. Approval, deliverability, throughput, and continued availability of messaging services are controlled by third-party providers, carriers, and registries and are not guaranteed.

5. SMS Messaging Terms

Program Name: Gegi Software SMS Notifications, Confirmations, and Customer Support Messages

Program Description: By opting in to receive SMS messages from Gegi Software, you agree to receive text messages related to our AI phone agent, customer support, scheduling, demo, account, and service communication programs.

Messages may include appointment confirmations, demo scheduling, callback confirmations, missed-call follow-ups, customer support updates, service or account notifications, plan limit alerts, billing-related notices, call summaries, opt-out confirmations, and help responses.

Messages may include links to booking pages, intake forms, client portal pages, support resources, billing pages, call summaries, or other resources related to our services. Messages may also include phone numbers used for callbacks, support, demos, or testing assigned AI phone agents.

How Users Opt In: Users may opt in to receive SMS messages from us by submitting a contact, demo, request, onboarding, or signup form on our website; creating or maintaining a client account with us; calling our business and requesting follow-up by SMS; or otherwise providing their phone number and agreeing to receive updates about our services. By providing a phone number, the user confirms that they are the owner or authorized user of that phone number and consents to receive SMS messages from us.

Message Frequency:Message frequency varies based on the user's interactions with us, service activity, support requests, appointment scheduling, account status, and communication preferences.

Message and Data Rates:Message and data rates may apply. Charges are determined by the user's mobile carrier and mobile plan.

Opt-Out Instructions: Users may opt out of receiving SMS messages at any time by replying STOP to any SMS message from us. After a user replies STOP, we may send one final confirmation message to confirm that the user has been unsubscribed. After that, the user will no longer receive SMS messages from us unless they opt in again.

Help Instructions: For help, users may reply HELP to any SMS message from us. Users may also contact us at: [email protected] or gegisoftware.com.

Carrier Disclaimer:SMS message delivery depends on the user's mobile carrier and network availability. Carriers are not liable for delayed or undelivered messages.

Privacy: Our collection and use of personal information is described in our Privacy Policy.

6. AI Service Disclaimer

The Services may use artificial intelligence, speech recognition, text-to-speech, call transcription, automated routing, summaries, and other automated features.

AI-generated outputs may be inaccurate, incomplete, delayed, misunderstood, or inappropriate for a particular situation. You are responsible for reviewing and supervising the Services, especially for important business, customer, order, scheduling, delivery, payment-related, or safety-related matters.

You may not use the Services for emergency response, medical advice, legal advice, financial advice, or other regulated professional services unless we agree to that use in a separate written agreement.

The FTC has made clear that businesses remain responsible for deceptive or unfair AI-related claims and practices; there is no general “AI exemption” from existing law.

7. Prohibited Uses

You may not use the Services to:

• Violate any law, regulation, or third-party right.
• Send unlawful, deceptive, harassing, abusive, or unauthorized calls or messages.
• Collect or process Social Security numbers, payment card numbers, bank account information, medical information, biometric data, criminal history, or other highly sensitive information unless we expressly approve it in writing.
• Handle emergency calls or urgent safety matters.
• Impersonate others or mislead End Users.
• Interfere with, reverse engineer, abuse, or overload the Services.
• Use the Services for fraud, spam, unlawful telemarketing, or unlawful surveillance.

8. Payments

Fees, billing terms, setup fees, subscription fees, usage charges, and other payment terms will be stated in a separate agreement, invoice, or order form.

Unless otherwise stated in writing, all fees are non-refundable.

Unless otherwise stated in the Service Agreement, our monthly service fee includes the ordinary third-party provider charges required to provide the Services, including phone, messaging, AI, hosting, and software usage costs. We may charge separately for extraordinary usage, overages, pass-through fees, taxes, carrier penalties, registration fees, or services outside the agreed scope if stated in the Service Agreement or approved by Client in writing.

9. Support and Changes

We may provide setup, configuration, maintenance, monitoring, and support services as described in a separate agreement.

We may modify, improve, suspend, or discontinue features of the Services from time to time. We are not responsible for delays, failures, or limitations caused by third-party providers, telecommunications carriers, AI providers, hosting providers, internet service providers, or other external systems.

10. Third-Party Services

The Services may rely on third-party platforms, APIs, software, hosting providers, telecommunications providers, AI providers, payment processors, and other vendors.

Your use of the Services may be affected by the terms, pricing, uptime, policies, and technical limitations of those third-party providers.

We are not responsible for third-party service outages, errors, delays, policy changes, pricing changes, or discontinued services.

11. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy.

You are responsible for providing any required privacy notices to End Users and ensuring that you have the necessary rights and permissions to provide data to us for processing through the Services.

The Services may process call audio, transcripts, messages, customer information, order details, scheduling information, notes, summaries, and related service data depending on your configuration.

12. Client Content

You retain ownership of the business information, customer information, scripts, prompts, data, files, and other materials you provide to us (“Client Content”).

You grant us the right to use Client Content as needed to provide, maintain, troubleshoot, secure, and improve the Services.

You represent that you have all necessary rights and permissions to provide Client Content to us.

13. Confidentiality

Each party may receive non-public business, technical, customer, pricing, or operational information from the other party.

Each party agrees to use reasonable care to protect the other party's confidential information and to use it only for purposes related to the Services, unless disclosure is required by law or authorized in writing.

14. Intellectual Property

We retain ownership of our software, systems, workflows, templates, documentation, code, designs, processes, know-how, and other materials developed or provided by us.

Unless otherwise agreed in writing, you receive only a limited right to use the Services during the term of your agreement with us.

15. No Guarantees

We do not guarantee that the Services will be uninterrupted, error-free, perfectly accurate, or suitable for every business purpose.

We do not guarantee any specific revenue increase, cost savings, customer response rate, booking rate, call outcome, message delivery rate, or business result.

16. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, punitive, or lost-profit damages.

To the maximum extent permitted by law, our total liability for any claim related to the Services will not exceed the amount you paid us for the Services during the three months before the event giving rise to the claim.

17. Indemnification

You agree to defend, indemnify, and hold us harmless from claims, damages, penalties, losses, liabilities, costs, and expenses arising from:

• Your use of the Services.
• Your business operations.
• Your communications with End Users.
• Your failure to obtain required consents or provide required notices.
• Your violation of law, regulation, platform rules, or these Terms.
• Client Content or information you provide to us.

18. Termination

Either party may terminate the Services as stated in the applicable service agreement.

We may suspend or terminate access to the Services if you fail to pay amounts owed, violate these Terms, misuse the Services, create legal or security risk, or use the Services in a way that may harm us, End Users, third-party providers, or others.

Upon termination, your right to use the Services ends.

19. Governing Law

These Terms are governed by the laws of the State of California, unless a separate written agreement between you and us states otherwise or another state's law is required to apply.

20. Changes to These Terms

We may update these Terms from time to time by posting the updated version on our website. If we make material changes, we will provide reasonable notice, such as by email or through the Services. The updated Terms will become effective on the date stated in the updated Terms. Your continued use of the Services after the effective date means you accept the updated Terms.

21. Entire Agreement

These Terms, together with any applicable service agreement, order form, statement of work, invoice terms, and Privacy Policy, form the agreement between you and us regarding the Services.

If there is a conflict between these Terms and a signed service agreement, the signed service agreement controls.

22. Contact

Questions about these Terms may be sent to:

Gegi Software — Gegham Harutyunyan
Email: [email protected]
Website: gegisoftware.com